What kind of problems do they handle?

a breach of your rights under the Code of Health and Disability Services Consumers' Rights

professional misconduct

the doctor's competence

breaches of the Code of Health and Disability Services Consumers' Rights, discrimination, sexual harassment and racial harassment, and privacy principles.

What do I need to do?

First contact the doctor to complain about your treatment, products you received, or their facilities. If you need help with your complaint, contact an HDC advocate. If you can't resolve the problem directly, you can:

Make a complaint to the HDC who may decide to investigate the case. The HDC may decide to refer before a disciplinary tribunal, before the Human Rights Review Tribunal (HRRT), or before both. You may need to be witness

If the HDC doesn’t refer your case to the HRRT, you may also bring a claim, but only after:

the HDC has investigated your complaint first and a breach of the Code has been found

the Commissioner has decided not to refer the matter to the Director of Proceedings

the Director declines or fails to take proceedings.

Alternatively you can:

Contact the Medical Council of New Zealand who have their own complaints process.

What else do I need to consider?

Your doctor must:

have a complaints procedure

acknowledge your complaint within 5 working days

provide you with a copy of their complaints procedure and any relevant external complaints processes.

The HDC, Health Practitioners Disciplinary Tribunal (HPDT) and the Medical Council of New Zealand can’t award compensation or damages. The HPDT can award costs.

The Human Right’s Review Tribunal (HRRT) can award damages if it finds that the Code has been breached.

Where can I get more information?

The Health and Disability Commissioner

Offers advocates to help with initial complaints to practitioners and a complaints procedure for unresolved complaints.

Office of the Ombudsman

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